MINNESOTA  STATE  BAR  ASSOCIATION 
ORGANIZATION  MEETINGS  REPORT 


1883 


UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


REPORT 


OF  THE 


MEETINGS  FOR  ORGANIZATION 


OF  THE 


STATE  BAR  ASSOCIATION 


Held  at  St.  Paul,  April  3d  and  June  18th,  1883. 


ST.  PAUL: 

PRESS  OF  WEST  PUBLISHING  COMPANY. 
1883. 


3A 


PROCEEDINGS 

OF  THE 


MINNESOTA  STATE  BAR  ASSOCIATION, 


MEETINGS  FOR  ORGANIZATION. 


the  opening  of  the  general  term  of  the  supreme  court, 
April  3,  1883,  notice  was  given  that  a  meeting  of  mem- 
bers of  the  bar  of  the  state  would  be  held  on  the  after- 
noon of  that  day,  in  the  supreme  court  rooms,  for  the  purpose 
of  considering  the  formation  of  a  state  board  association. 

Pursuant  to  such  notice  a  number  of  lawyers  from  differ- 
ent parts  of  the  state  assembled,  and  organized  by  electing 
W.  C.  Williston,  of  "Red  Wing,  chairman,  and  E.  Southworth, 
of  Shakopee,  secretary.  The  matter  was  discussed  at  some 
length,  after  which,  on  motion  of  J.  N.  Castle,  of  Stillwater, 
it  was  voted  that  the  chairman  appoint  a  committee  of  five 
to  draft  a  constitution  and  by-laws,  to  be  submitted  to  a  meet- 
ing to  be  held  at  the  United  States  circuit  court  rooms,  in 
the  city  of  St.  Paul,  on  the  eighteenth  day  of  June,  1883,  to 
which  time  the  preliminary  meeting  was  adjourned.  The 
chairman  afterwards  appointed  the  following  persons  as  such 
committee:  W.  J.  Hahn,  of  Minneapolis,  chairman;  J.  N. 
Castle,  of  Stillwater;  E.  Southworth,  of  Shakopee;  Eugene 
M.  Wilson,  of  Minneapolis;  Hiram  F.  Stevens,  of  St.  Paul. 


768428 


*  MINNESOTA  STATE  BAR  ASSOCIATION. 

A  meeting  of  the  committee  was  held  at  the  attorney  gen- 
eral's office,  in  St.  Paul,  on  the  thirtieth  day  of  May,  and 
agreed  upon  a  draft  of  a  constitution  and  by-laws  as  its  re- 
port, which  is  hereinafter  given. 

Pursuant  to  adjournment,  and  after  notice  through  the  pub- 
lic press,  a  meeting  of  the  members  of  the  bar  in  attendance 
upon  the  United  States  circuit  court  was  held  in  the  court- 
room, June  18, 1883,  at  11  o'clock  A.  M.,  and  was  attended  by 
about  fifty  members  of  the  bar  from  all  parts  of  the  state. 
The  meeting  was  called  to  order  by  J.  N.  Castle,  and  on  mo- 
tion W.  C.  Williston  was  elected  chairman,  and  J.  N.  Castle 
secretary. 

The  committee  on  constitution  and  by-laws,  through  Mr. 
Stevens,  presented  a  draft  as  follows,  viz. : 

CONSTITUTION. 


ARTICLE  I. — NAME. 

This  association  shall  be  called  the  Minnesota  State  Bar 
Association. 

ARTICLE  II. — OBJECT. 

The  association  is  formed  to  cultivate  the  science  of  juris- 
prudence, to  promote  reform  in  the  law,  to  facilitate  the  ad- 
ministration of  justice,  to  elevate  the  standard  of  integrity, 
honor,  and  courtesy  in  the  legal  profession,  to  encourage  a 
thorough  and  liberal  legal  education,  to  cherish  a  spirit  of 
brotherhood  among  the  members  thereof,  and  to  perpetuate 
their  memory. 

ARTICLE  III. — MEMBERS. 

All  members  of  the  bar  of  this  state,  in  good  standing, 
who  shall,  on  or  before  June  18,  1883,  signify  in  writing  to 
the  secretary  of  the  committee  reporting  this  constitution 
their  desire  to  become  members  of  this  association,  and  all 
such  members  of  the  bar  who  shall  present  their  names  at 
the  meeting  to  organize  a  state  bar  association  to  be  held 


CONSTITUTION 


3 


June  18,  1883,  shall,  upon  receiving  a  favorable  report  of  the 
committee  on  admission,  (to  be  appointed  by  the  chairman 
of  such  meeting,)  and  upon  signing  the  constitution  and 
paying  the  membership  .fee,  become  members  of  this  associ- 
ation. 

Any  member  of  the  legal  profession  in  good  standing,  re- 
siding or  practicing  in  the  state  of  Minnesota,  who  shall  have 
been  at  the  bar  of  this  state  at  least  three  years,  may  become 
a  member  by  vote,  by  ballot,  of  the  association,  on  open 
nomination,  after  a  report  of  the  committee  on  admission, 
and  on  subscribing  to  this  constitution,  (or  in  writing  author- 
izing and  directing  the  secretary  to  sign  his  name  to  the  con- 
stitution,) and  paying  the  admission  fee.  Ten  negative 
votes,  or  one-fourth  of  those  present  and  voting,  shall  suffice 
to  defeat  an  election.  The  judges  of  the  United  States 
courts  within  this  state,  and  the  judges  of  the  supreme  and 
district  courts  of  this  state,  shall,  during  their  respective 
terms  of  office,  be  honorary  members  of  this  association. 
Other  honorary  members  may  be  elected  by  the  association. 

ARTICLE  IV. — OFFICERS. 

The  officers  of  the  association  shall  be  a  president,  a  vice- 
president  from,  each  judicial  district,  an  executive  committee, 
a  committee  on  admissions,  a  committee  on  professional  con- 
duct, a  committee  on  jurisprudence  and  law  reform,  a  com- 
mittee on  legal  biography,  a  secretary,  and  a  treasurer,  all 
of  whom  shall  (for  the  period  until  the  first  Tuesday  in  April, 
1884,)  be  elected  at  the  meeting  at  which  this  constitution 
is  adopted,  and  thereafter  shall  be  elected  as  hereinafter  pre- 
scribed. 

ARTICLE  V. — PRESIDENT. 

The  president,  or,  in  his  absence,  one  of  the  vice-presi- 
dents, or,  in  the  absence  of  all  of  them,  one  of  the  members, 
shall  preside  at  all  meetings  of  the  association. 

The  president  shall  be,  ex  officio,  a  member  and  chairman 
of  the  executive  committee,  and  it  shall  be  his  duty  to  de- 
liver before  the  association  an  address  at  its  annual  meet- 
ing. 

ARTICLE  VI. — EXECUTIVE  COMMITTEE. 

The  executive  committee  shall  consist  of  five,  members. 
This  committee  shall  manage  the  affairs  of  the  association, 


4  MINNESOTA  STATE  BAR  ASSOCIATION. 

subject  to  the  provisions  of  the  constitution  and  by-laws,  and 
shall  be  vested  with  the  title  to  its  property,  as  trustees 
thereof,  until  the  association  shall  be  incorporated;  and  the 
executive  committee  shall  draft  all  amendments  to  the  by- 
laws of  the  association,  subject  to  adoption  by  the  associa- 
tion. 

ARTICLE  VII. — COMMITTEE  ON  ADMISSIONS. 

The  committee  on  admissions  shall  consist  of  one  member 
from  each  judicial  district,  three  of  whom  shall  constitute  a 
quorum.  The  proceedings  of  this  committee  shall  be  deemed 
confidential,  and  shall  be  kept  secret,  except  so  far  as  written 
or  printed  reports  of  the  same  shall  be  necessarily  and 
officially  made  to  the  association. 

ARTICLE  VIII. — COMMITTEE  ON  PROFESSIONAL  CONDUCT. 

The  committe  on  professional  conduct  shall  consist  of  five 
members. 

It  shall  be  the  duty  of  the  committee  to  receive  all  com- 
plaints which  may  be  made  in  matters  affecting  the  inter- 
ests of  the  legal  profession,  the  practice  of  law,  and  the 
administration  of  justice,  and  to  report  the  same  to  the 
association,  with  such  recommendation  as  they  deem  proper. 

The  proceedings  of  this  committee  shall  be  deemed  confi- 
dential and  kept  secret,  except  so  far  as  written  or  printed 
reports  of  the  same  shall  be  necessarily  and  officially  made 
to  the  association. 

ARTICLE  IX.  —  COMMITTEE  ON  JURISPRUDENCE  AND  LAW  RE- 
FORM. 

The  committee  on  jurisprudence  and  law  reform  shall 
consist  of  five  members,  to  whom  shall  be  referred  all  pro- 
posed changes  in  law  or  practice;  and  it  shall  be  their  duty 
to  report  thereon  changes  or  modifications  of  existing  laws 
or  practice,  or  such  other  matters  affecting  the  interests  of  the 
profession  as,  in  their  judgment,  ought  to  be  proposed  by 
the  association. 

ARTICLE  X. — COMMITTEE  ON  LEGAL  BIOGRAPHY. 

The  committee  on  legal  biography  shall  consist  of  three 
members. 

It  shall  be  its  duty  to  provide  for  the  preservation  among 
the  archives  of  the  association  of  suitable  written  or  printed 


CONSTITUTION  » 

memorials  of  the  lives  and  characters  of  distinguished  de- 
ceased members  of  the  bar  of  the  state. 

ARTICLE  XI. — SECRETARY. 

The  secretary  shall  keep  a  record  of  the  proceedings  of  all 
meetings  of  the  association,  and,  with  the  concurrence  of  the 
president,  conduct  its  correspondence,  and  discharge  such 
other  duties  as  shall  be  required  of  him  by  the  association. 

ARTICLE  XII. — TREASURER. 

The  treasurer  shall  collect,  and,  by  order  of  the  executive 
committee,  disburse  the  moneys  of  the  association,  and  dis- 
charge such  other  duties  as  shall  be  required  of  him,  and 
shall  give  such  security  for  the  faithful  performance  of  his 
duties  as  the  executive  committee  shall  require. 

ARTICLE  XIII. — MEETINGS. 

There  shall  be  an  annual  meeting  of  the  association  held 
at  the  capitol,  in  the  city  of  St.  Paul,  on  the  first  Tuesday  of 
April  in  each  year,  and  such  adjourned  or  special  meetings 
as  the  association  or  the  executive  committee  shall  deter- 
mine. 

ARTICLE  XIV. — FEES  AND  DUES. 

The  admission  fee  shall  in  all  cases  be  three  dollars,  to  be 
paid  on  signing  the  constitution. 

The  annual  dues  of  members,  after  the  year  of  their  admis- 
sion, shall  be  two  dollars,  and  shall  be  payable  to  the  treasurer 
in  advance,  at  or  before  the  annual  meeting.  Honorary 
members  shall  be  exempt  from  the  payment  of  fees  and  dues. 

ARTICLE  XV. — EXPULSION. 

Any  member  may  be  suspended  or  expelled  for  misconduct 
in  his  relations  to  the  association,  or  in  his  profession,  on  the 
recommendation  of  the  committee  on  professional  conduct, 
by  a  two-thirds  vote  of  the  members  of  the  association  pres- 
ent and  voting  at  any  annual  meeting  of  the  association ; 
and  all  interest  in  the  property  of  the  association,  of  persons 
ceasing  to  be  members  by  expulsion,  resignation,  or  otherwise, 
shall  thereupon  vest  absolutely  in  the  association. 


MINNESOTA  STATE  BAR  ASSOCIATION. 

ARTICLE  XVI. — ELECTIONS. 

At  the  annual  meeting  in  April,  1884,  and  at  each  annual 
meeting  thereafter,  there  shall  be  elected  by  ballot  the  officers 
of  the  association  for  the  year  next  ensuing,  and  they  shall 
hold  their  offices  until  the  election  and  acceptance  of  their 
successors. 

In  case  of  vacancy  in  any  office,  it  shall  be  filled  by  ap- 
pointment by  the  executive  committee,  which,  however,  can 
appoint  only  a  vice-president  to  the  office  of  president. 

ARTICLE  XVII. — AMENDMENTS. 

This  constitution  shall  go  into  effect  immediately.  It  can 
be  amended  only  by  a  two-thirds  vote  of  the  members  present 
at  an  annual  meeting  of  this  association. 


BY-LAWS. 


ARTICLE  I. — MEETINGS. 

The  association  shall  convene  at  the  hour  of  4  o'clock  p.  M. 
of  the  day  of  the  annual  meeting. 

ARTICLE  II. — ORDER  OF  BUSINESS. 

1.  Reading  of  minutes  of  preceding  meetings. 

2.  Eeport  of  committee  on  admission  and  election  of  mem- 
bers. 

3.  Election  of  officers. 

4.  The  annual  address  by  the  retiring-  president. 

5.  Eeports  of  standing  committees. 

6.  Reports  of  special  committees. 

7.  Special  addresses. 

8.  Miscellaneous  business. 

ARTICLE  III. — COMMITTEES. 

The  standing  committees  shall  meet  and  organize  by  elect- 
ing one  of  their  members  chairman  and  another  secretary, 
immediately  upon  their  appointment  and  during  the  annual 
meeting. 

At  regular  meetings  of  the  committees,  and  after  notice  of 
special  meetings,  the  members  present  shall  constitute  a 


BY-LAWS  < 

quorum,  except  as  otherwise  provided  in  the  constitution. 
Standing  committees  shall  perform  their  duties,  so  far  as  prac- 
ticable, during  the  annual  meeting,  and  report  to  such  meet- 
ing. 

ARTICLE  IV. — APPLICATIONS  FOK  ADMISSION. 

Applications  for  admission  may  be  made  in  writing  to  the 
secretary,  accompanied  by  the  admission  fee  and  the  recom- 
mendation of  a  member  of  the  association.  The  secretary 
shall  lay  such  applications  as  are  received  by  him  before  the 
committee  on  admission  for  its  consideration  and  report. 

ARTICLE  V. — NON-PAYMENT  OF  DUES. 

Members  in  arrears  for  annual  dues,  after  notice  and  de- 
mand in  writing  ,by  the  secretary,  shall  be  reported  to  the  as- 
sociation by  the  secretary,  and  shall  be  suspended  from  mem- 
bership. 

ARTICLE  VI. — CHARGES. 

Charges  of  misconduct  on  the  part  of  any  member  of  the 
association  shall  be  preferred  in  writing  to  the  chairman  of 
the  committee  on  professional  conduct;  and  said  committee, 
after  due  notice,  shall  proceed  to  investigate  such  charges, 
and  make  report  thereof  to  the  association.  The  association 
shall  thereupon,  after  notice  to  the  member  under  charges, 
take  such  action  upon  the  report  and  charges  as  may  be  de- 
termined, and  either  exonerate,  suspend,  or  expel  the  said 
member. 

On  motion  of  Gordon  E.  Cole,  of  Faribault,  the  report 
was  accepted  and  adopted. 

On  motion  of  J.  B.  Sanborn,  of  St.  Paul,  a  committee, 
consisting  of  Messrs.  Sanborn,  Castle  and  Cole,  was  appointed 
to  receive  and  report  upon  applications  of  all  persons  present 
desiring  to  become  members  of  the  association.  The  follow- 


8 


MINNESOTA  STATE  BAR  ASSOCIATION. 


ing  named  persons   applied   in    writing 
favorable  report  of  said  committee : 

C.  W.  Akers, 

Jno.  W.  Arctander, 

P.  M.  Babcock, 

Chas.  J.  Berryhill, 

R.  R.  Briggs, 

C.  L.  Brown, 

T.  E.  Byrnes, 

Ira  W.  Castle. 

James  N.  Castle, 

Fielder  B.  Chew, 

Gordon  E.  Cole, 

W.  D.  Cornish, 

Charles  E.  Flandrau, 

R.  B.  Galusha, 

C.  P.  Gregory,       - 
W.  J.  Hahn, 

I.  V.  D.  Heard, 
A.  C.  Hickman, 

A.  B.  Jackson,     - 
Wm.  Louis  Kelly, 
Chas.  D.  Kerr,     - 
J.  Kling, 

T.  F.  Knappen, 

B.  S.  Lewis, 

M.  0.  Little,       - 
John  B.  Sanborn,    - 
Walter  H.  Sanborn, 

D.  B.  Searle, 
Charles  E.  Shannon, 
Albee  Smith, 

L.  C.  Spooner, 

Hiram  F.  Stevens, 
Cyrus  J.  Thompson, 
M.  R.  Tyler, 


and   received    the 

Red  Wing. 

Willmar. 

Minneapolis. 

St.  Paul. 

Moorhead, 

Morris. 

Minneapolis. 

Stillwater. 

Stillwater. 

Morris. 

Faribault. 

-  St.  Paul. 
St.  Paul. 

-  St.  Paul. 
Stillwater. 

Minneapolis. 

St.  Paul. 

-     Owatonna. 

Minneapolis. 

St.  Paul. 

St.  Paul. 

St.  Paul. 

Montevideo. 

Waseca. 

Glencoe. 

St.  Paul. 

St.  Paul. 

St.  Cloud. 

Granite  Falls. 

Minneapolis. 

Morris. 

St.  Paul. 

St.  Paul. 

Fergus  Falls. 


OFFICERS  V 

E.  M.  Van  Cleve,  -                        Minneapolis. 

L.  Van  Slyck,  -             -           Hastings. 

Lewis  L.  Wheelock,  -                             Owatonna. 

Henry  L.  Williams,  -             -            St.  Paul. 

W.  C.  Williston,  Red  Wing. 

Eugene  M.  Wilson,  -      Minneapolis. 

The  association  was  then  organized  by  the  election  of 
Gordon  E.  Cole  as  President.  On  motion  of  J.  W.  Arctander, 
of  Willmar,  a  committee,  consisting  of  Charles  E.  Flandrau, 
of  St.  Paul;  J.  W.  Arctander,  of  Willmar;  L.  L.  Wheelock,  of 
Owatonna;  P.  M.Babcock,  of  Minneapolis,  and  B.  S.Lewis, 
of  Waseca,  was  appointed  to  nominate  candidates  for  the 
various  offices  and  committees  provided  for  in  the  constitu- 
tion, and  pending  the  report  of  said  committee  recess  wacS 
taken  until  2  o'clock  P.  M.  At  2  o'clock  P.  M.  the  committee 
on  nominations  reported  the  following  list  of  officers  and 
committees : 

Vice-Presidents,  (one  from  each  judicial  district:)  First — 
J.  N.  Castle  of  Still  water ;  Second — Chas.  E.  Flandrau  of  St. 
Paul;  Third — Thomas  Wilson  of  Winona;  Fourth — J.  M. 
Shaw  of  Minneapolis:  Fifth — B.  S.  Lewis  of  Waseca; 
Slcth — Daniel  Buck  of  Mankato:  Seventh — D.  B.  Searle  of 
St.  Cloud;  Eiyhth — Henry  Hinds  of  Shakopee;  Ninth — G. 
S.  Ives  of  St.  Peter;  Tenth — John  A.  Lovely  of  Albert  Lea; 
Eleventh— W.  W.  Billson  of  Duluth ;  Twelfth— Fielder  B. 
Chew  of  Morris. 

Secretary:  Hiram  F.  Stevens  of  St.  Paul. 

Treasurer:  Walter  H.  Sanborn  of  St.  Paul. 

Committee  on  Admission,  (one  from  each  judicial  district:) 
First— W.  C.  Williston  of  Bed  Wing;  Second— I.  V.  D. 
Heard  of  St.  Paul;  Third — PdchaTd  A.  Jones  of  Rochester; 
Fourth — P.  M.  Babcock  of  Minneapolis;  Fifth — A.  C.  Hick- 
man  of  Owatonna;  Sixth— M.  S.  Wilkinson  of  Wells; 
Seventh — J.  W.  Mason  of  Fergus  Falls;  Eighth — F.  Cad  well 
of  Le  Sueur;  Ninth — John  Lind  of  New  Ulm;  Tenth — 
Henry  R.  Wells  of  Preston;  Eleventh— S.  G.  Comstock  of 


IQ  XIXXESOTA  STATE  PAR  ASSOCIATION. 

Moorhead;   Twelfth— S.  A.  Plumley  of  Litchfield. 

ExecutirejCoinmittec:  H.  1\.  Bigelow  of  St.  Paul;  Fayette 
Marsh  of  Stillwater;  Arthur  M.  Keith  of  Minneapolis;  J.  B. 
Sanborn  of  St.  Paul;  L.  L.  "Wheelock  of  Owatonna. 

Committee  on  Professional  Conduct:  C.  K.  Davis  of  St. 
Paul;  W.  J.  Hahn  of  Minneapolis;  Greenleaf  Clark  of  St. 
Paul:  Gco.  M.  Baxter  of  Faribault;  R.  C.  Benton  of  Min- 
neapolis. 

Committee  on  Jurisprudence  and  Law  He  form:  Eugene  M. 
Wilson  of  Minneapolis:  W.  P.  Murray  of  St.  Paul;  John  W. 
Arctander  of  Willmar;  W.  H.  Yale  of  Winona;  J.  N.  Searle 
of  Stillwater. 

Committee  on  Legal  History  and  Biography:  Isaac  Atwater 
of  Minneapolis;  Henry  J.  Horn  of  St.  Paul;  M.  S.  Wilkinson 
of  Wells. 

On  motion  of  Mr.  Flandrau,  it  was  voted  that  the  names 
of  the  several  persons  reported  by  the  committee  on  nomi- 
nations, who  had  not  already  applied  for  and  been  admitted 
to  membership,  be  presented  to  the  committee  on  admissions 
for  their  report,  and  the  names  were  so  presented  and  re- 
ceived the  favorable  report  of  the  committee,  and  it  was 
voted  that  the  several  persons  so  elected  become  members 
of  the  association,  upon  payment  of  the  admission  fee. 

On  motion  of  Mr.  Castle  the  Secretary  was  instructed 
to  cause  1,000  copies  of  the  proceedings,  including  the  con- 
stitution and  the  by-laws,  to  be  printed  and  circulated. 

On  motion  of  Mr.  Williston  the  Secretary  was  directed 
to  inform  the  persons  who  had  been  elected  to  office,  and 
upon  committees,  of  their  election,  and  of  the  amount  and 
time  of  payment  of  fees  and  dues. 

On  motion  of  Mr.  Hahn  the  Secretary  and  Treasurer 
were  authorized  to  purchase  the  necessary  books  and  sta- 
tionery for  their  respective  offices. 

On  motion  of  Mr.  J.  B.  Sanborn  the  Secretary  was  in- 
structed to  cause  the  constitution  and  by-laws  to  be  suitably 


GENERAL  MINUTES 


11 


engrossed,  and  to  have  the  same  present  at  the  first  day  of 
the  October  term  of  the  Supreme  Court  for  signature  by  the 
members. 

On  motion  of  Mr.  Flandrau,  it  was  voted  that  when  the 
meeting  adjourn,  it  adjourn  to  meet  on  the  first  day  of  the 
October  term,  in  the  hall  of  the  House  of  Representatives, 
at  11  o'clock  A.  M.,  and  that  the  committee  on  admissions 
be  requested  to  be  present  at  that  time  to  receive  and  report 
upon  applications  for  membership. 

On  motion  of  Mr.  Babcock  the  meeting  adjourned. 


LAW  LIBRARY 

/  -F  CALIFORNIA 
U»S  HI\  GULES 


A     000414591     8 


